Gujarat High Court
Choubey Prithuraj Balkrishan vs Gujarat Technological ... on 14 June, 2021
Bench: Nirzar S. Desai
C/LPA/196/2021 ORDER DATED: 14/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 196 of 2021
In
R/SPECIAL CIVIL APPLICATION NO. 974 of 2021
With
CIVIL APPLICATION (DIRECTION) NO. 1 of 2021
In
R/LETTERS PATENT APPEAL NO. 196 of 2021
With
CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 2 of 2021
In
R/LETTERS PATENT APPEAL NO. 196 of 2021
==========================================================
CHOUBEY PRITHURAJ BALKRISHAN
Versus
GUJARAT TECHNOLOGICAL UNIVERSITY NOTICE TO BE SERVED
THROUGH THE REGISTRAR & 3 other(s)
==========================================================
Appearance:
MR ANVESH V VYAS(5654) for the Appellant(s) No. 1
for the Respondent(s) No. 3,4
MR DG SHUKLA(1998) for the Respondent(s) No. 1
MR FB BRAHMBHATT(1016) for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 14/06/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
1.Heard Mr. Anvesh Vyas, learned advocate for
the appellant, Mr. D.G. Shukla, learned
advocate for the respondent No.1 University
and Mr. F.B. Brahmbhatt, learned advocate for
the respondent No.2 College through video
conferencing.
C/LPA/196/2021 ORDER DATED: 14/06/2021
2.Feeling aggrieved and dissatisfied by the
judgment and order dated 27.01.2021 passed by
the learned Single Judge (Coram: Hon'ble Mr.
Justice Biren Vaishnav), whereby, the learned
Single Judge was pleased to dismiss the
petition filed by the petitioner, the present
appellant has filed the present Letters
Patent Appeal under Clause-15 of the Letters
Patent Act.
3.The appellant herein has filed the writ
petition and has inter-alia, prayed for the
following reliefs:
"(A). Be pleased to allow the present
petition.
(B). Be pleased to direct the
respondent no.1 to consider the case of
the petitioner for promotion and
declared the result of Semester Six.
(C). Be pleased to direct the
respondent to allow the petitioner to
appear in the scheduled examinations of
Semester 7 of Computer Engineering
which is held on 19/01/2021.
(D). Pending admission and hearing of
this petition be pleased to allow the
petitioner in the Examination held by
the respondent for Semester No. 7 of
Computer Engineering.
(E). Be pleased to pass any such or
further order/s as it may deem fit by
this Hon'ble Court."
C/LPA/196/2021 ORDER DATED: 14/06/2021
4.It is the case of the appellant in the writ
petition that the respondent University as
well as the College should declare the result
of the appellant of the 6th semester and
should be promoted to 7th semester, by virtue
of the guideline issued by the university
dated 29.04.2020 and the State Government
dated 24.05.2020 providing the benefit of
carry forward.
5.The record indicates that the appellant is
pursuing the computer engineering course
which have 8 semesters. The learned Single
Judge of this Court (Coram: Hon'ble Mr.
Justice Biren Vaishnav) passed the following
interim order on 18.01.2021:
"Heard Mr. Anvesh V. Vyas, learned counsel
for the petitioner through video
conferencing.
Issue Notice, returnable on 20.01.2021.
In the meantime, the petitioner shall be
permitted to appear in the examination
scheduled for tomorrow and 20.01.2021 subject
to further orders. It is clarified that mere
appearing in the examination will not create
any equities in favour of the petitioner.
The copy of this order be also forwarded to
the learned counsel of the petitioner through
email and / or fax for onwards communication
to the University."
C/LPA/196/2021 ORDER DATED: 14/06/2021
6.After the said order was passed, the
University made a statement before this Court
that the appellant has been given benefit of
the Merit Based Progression and he has
treated to have cleared all backlogs in
summer, 2020 and according to the University,
the appellant was treated as having completed
6th semester in October, 2020. In response to
the notice issued by this court, the
affidavits were filed by the respondent
College as well as the university. All
premises of the appellant was a certificate
issued by the College, which even according
to the affidavit filed in this appeal was
issued by way of a mistake. The learned
Single Judge after considering the provision
of the backlogs for detention, has observed
thus in para-5.2 and 5.3:
"5.2 The 6th semester commenced from
12.12.2019. Thus, after the petitioner appeared
for Semester 5 examinations in Winter 2019, he
had total 9 backlogs i.e. 5 for semesters 2 to
4 and 4 for semester 5. Thus, considering the
guidelines as stated above, since the
petitioner had backlogs exceeding 4 in number,
he could not be allowed to continue his 6 th
semester study which commenced from 12.12.2019
and ended on 14.04.2020.
5.3 However, during the lockdown, the
resolutions of the UGC dated 29.04.2020 and the
C/LPA/196/2021 ORDER DATED: 14/06/2021
State dated 24.05.2020 stipulated Merit Based
Progression looking to the Covid pandemic.
Thus, the petitioner was able to clear total 9
backlogs in Summer - 2020. Thus, the backlogs
of semesters 2 to 4 having been cleared post
the resolutions in September 2020, petitioner
will be entitled to enter the 6th semester
which commenced from 28.12.2020. Thus, the
contentions of Mr. Vyas, learned advocate for
the petitioner is fallacious and cannot be
sustained."
Thereafter, the petition came to be
dismissed.
7.Having heard the learned advocates appearing
for the parties, we do not find any infirmity
in the order passed by the learned Single
Judge.
8.At this stage, it deserves to be noted that
Mr. Anvesh Vyas, learned advocate appearing
for the appellant makes a statement before
this Court that the appellant has pursued his
classes of 7th semester and also pursued 8th
semester. The said fact has been denied on
oath by the University as well as by the
College, which has not have been controverted
by the appellant in this appeal.
9.Be that as it may, the fact remains that
C/LPA/196/2021 ORDER DATED: 14/06/2021
because of the policy decision taken by the
University Grant Commission as well as the
State Government, even according to the
respondent university, all backlogs 9 in
number stood clear and therefore, all 9
backlogs upto 5th semester stood clear on the
basis of the Merit Based Progression, which
happened in the month of October, 2020. The
record indicates that thereafter the
appellant went into 6th semester, which has
already over in the month of April-May, 2021.
Meanwhile, the authorities and the university
in particular, has adopted the policy of Mass
Promotion in view of that fact the appellant
in the peculiar facts and circumstances,
would be entitled to a similar benefit as far
as 6th semester is concerned.
10. Mr. D.G. Shukla, learned advocate
appearing for the respondent university also
submitted that such benefit can be considered
in favour of the appellant, in view of the
fact that the appellant has already kept the
term of 6th semester, the respondent
university as well as college shall consider
the same.
11. As far as claim of the appellant that he
has studied in 7th semester as well as 8th
semester, is contrary to his own version in
C/LPA/196/2021 ORDER DATED: 14/06/2021
paragraph nos. 10 and 12 of the writ
petition, learned advocate Mr. Vyas appearing
for the appellant also therefore does not
press such contention.
12. In view of the aforesaid, the appellant
be permitted by the respondent University and
the College to take admission in 7th semester
from June, 2021. The appellant shall keep
terms for 7th semester and thereafter appear
in 7th semester examination, as and when the
same is ensuing.
13. In view of the aforesaid, the appeal
stands disposed of. The order dated
27.01.2021 passed by the learned Single Judge
in Special Civil Application No. 974 of 2021
is modified only to the aforesaid extent.
14. As the main Letters Patent Appeal is
disposed of, both the Civil Applications
would not survive and accordingly disposed
of.
(R.M.CHHAYA, J)
(NIRZAR S. DESAI,J)
Pradhyuman
